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£75,000 Compensation For Delayed Diagnosis And Treatment Of Cervical Cancer

Sarah Coles, of Irwin Mitchell's medical law team in Leeds, has helped a woman from York claim compensation after medical staff repeatedly failed to diagnose and treat her cervical cancer.

What Happened?

Mrs T, a 43-year-old woman from York, had routine smear tests taken in April, June and December 2004. The cytology lab results were reported as negative on all occasions. In February 2007, following the birth of her daughter, she had another routine smear test at her GP Practice in York, the results of which were also reported as negative.

Later in 2007, she attended her GP with symptoms of bleeding and pain. Further extensive and invasive tests were carried out and Mrs T was eventually diagnosed with cervical cancer.

As a consequence, Mrs T had to undergo a radical hysterectomy, as well as surgery to remove lymph nodes to remove the cancer.

Her original slides taken in 2004 and 2007 were reviewed by two trusts as part of a national review. It was confirmed that the laboratory findings were incorrect and the slides in 2004 and 2007 had been misread.

As a result of the extensive surgery, Mrs T was left with bladder damage and lymphoedema (a chronic long-term condition that causes swelling in the body's tissue, usually in the arms or legs) which are both recognised risks of this surgery. Although it was her intention and wish to have more children, she was unfortunately no longer able to. This, along with a delay in diagnosing the cancer, has caused Mrs T to suffer from psychological trauma.

Following a review of her cervical smear history, the NHS Trust admitted that the smear taken in April 2004 at St James’s Hospital in Leeds and the smear taken in February 2007 in York did contain abnormal cells.

Expert evidence obtained by Irwin Mitchell on the issues of what difference this error made, found that had she have been given the correct results in 2004, when Mrs T was aged 34, she would have received appropriate and timely treatment, cancer would not have developed and she would not have undergone the hysterectomy or removal of the lymph nodes. She could also have had more children.

What Was The Outcome?

The NHS Trusts of Leeds and York Teaching Hospitals admitted liability and Sarah Coles successfully negotiated £75,000 compensation for Mrs T, in respect of the pain and suffering caused, as well as to help towards the cost of care and support to date and provide ongoing counselling and support.

Thankfully Mrs T has now reached five years without recurrence of the cancer and has a good prognosis.